Work Comp Judges: Impact on Case

I recently argued a 239 Conference and got a favorable ruling for my client. I whole heartedly believe that I should have lost. I’m not saying that my client’s case doesn’t have merit or that I didn’t do a good job, but the burden of proof for 239 Conferences leans heavily in the favor of the other side. All they have to prove is that they have a reasonable basis for cutting off benefits. Is there a medical opinion that says the employee doesn’t need restrictions? Did the employee reject a suitable job offer? Did the employee’s work injury resolve? All reasonable, in my opinion. Was the employee rude to the adjuster on the phone? Did the employee hire a lawyer to represent them? Did the employee throw something in the garbage that should have been composted? Not reasonable. You get the gist. So why did I win? Because I knew the judge and adjusted my argument accordingly.

Ever heard the saying, ask two lawyers the same question and you will get three answers? Well, ask any work comp attorney if the assigned judge matters to the outcome of a case. It may be one of the handful of questions that will get the same answer. “Yes"

But for those individuals who haven’t made a career out of work comp, that may come as a surprise. One would think that the judge, while important, isn’t more important than, say, the law, the facts, or the skill of the attorney. While those things certainly matter, knowing the assigned judge plays an important part to the successful out to a case.

Why Does The Judge Matter So Much? When most people think of a trial (in work comp we call it a “hearing”) they think of a jury of 12 or 6 people and a judge presiding. The difference is, in work comp, the judge not only rules on objections and evidence issues, but also credibility and factual issues. The judge decides if they believe the witnesses, like the witnesses, and which expert is more persuasive. These decisions are usually left to the jurors.

Know your Judge. Knowing your assigned judge is critical to a successful case outcome. Some judges look more to experts, the exact language of the law, or to whether they like the employee. It’s a work comp attorneys greatest asset to know their judge’s preferences and tailor their client’s argument and case around it.